Judge William Kuntz
Morante was charged with wire fraud for operating a "mirroring" scheme devised to defraud DirecTV (DTV) by activating 692 DTV receivers through only 85 DTV accounts. Telephone and text message records showed Morante used the mirrored receivers to provide DTV service to non-DTV customers, charged more than monthly per receiver fee Morante paid DTV. In addition to his motion to compel the government’s production of a bill of particulars; Brady, Giglio and 18 USC §3500 material; and a prospective witness list and confidential informants’ identities, the court denied Morante’s motion to determine the admissibility of any "crimes, wrongs, or similar acts" the government sought to produce under Federal Rule of Evidence 404(b) and to suppress evidence allegedly seized in violation of his rights under the Fourth, Fifth and Sixth amendments. All motions were premature or did not specify the need for the relief sought. The court noted the government’s assurance that it intended to provide a witness list to Morante before trial. The complaint against Moranteand the government’s provision of over 7,000 pages of discoverypermitted Morante to identify the nature of the charge against him, and prepare for trial.
